Set forth below are the Terms and Conditions applicable to the Agreement(s) for natural gas supply and/or electric generation service under which StateWise Energy Pennsylvania, Inc. (“StateWise”) agrees to sell and deliver to the Account Holder ("You/Your"), and You agree to purchase the natural gas supply and/or electric generation service from StateWise. (together, the "parties").

Account Holder	The name or names of the persons registered by the NGDC and/or EDC to deliver natural gas supply and/or electric generation services to the associated Service Address
Account Holder Agreement	The first page of STATEWISE Energy Pennsylvania, Inc.'s Agreement(s) for the natural gas supply and/or electric generation services.
Agreement Document	This consists of the Account Holder Agreement including all the Terms and Conditions, 2 copies of the Notice of Cancellation and where applicable, the electric generation contract summary associated with the Agreement(s).
Basic Service Price(s)	Is the price for the natural gas supply and/or electric generation services as selected on the Account Holder Agreement
Ccf	A standard measure of gas usage, equaling 100 cubic feet of gas.
Distribution or Delivery Prices for Natural Gas	The charges for moving natural gas supply from the NGDC to Your Service Address.
Distribution or Delivery Prices for Electricity	The charges for moving electric generation services from the EDC to Your Service Address.
EDC	The public utility that provides facilities for the transmission and distribution of electricity to retail customers. Electric distribution companies are regulated by the PUC. Exceptions include building or facility owners or operators that manage their internal distribution system and supply electric power and electric services to occupants of the building or facility.
Electric Distribution Company Charges	Charges for delivering electricity over the EDC's distribution system to Your Service Address.
End Date	The last date of service under the Agreement(s).
Fixed Price Green Electricity	The Electricity Price selected on the first page of the Agreement is the same for 500, 1000, or 2000 kWh average monthly usage.
Fixed Price Eco Gas	The Natural Gas Price selected on the first page of the Agreement is the same for 15, 80, or 120 Ccf average monthly usage.
FERC	The Federal Energy Regulatory Commission, which regulates interstate pipeline prices and services
Generation Charge	Part of the basic service charges on every customer’s bill for producing electricity. Generation service is competitively priced and is not regulated by the Public Utility Commission. This charge depends on the contract between the customer and the supplier.
Interstate Pipeline Charges	Charges for utilizing interstate pipelines to deliver gas to the NGDC's distribution system.
kWh	The basic unit of electric energy for which most customers are charged in cents per kilowatt-hour. A kilowatt-hour is the equivalent of using ten 100-watt light bulbs for one hour.
Mcf	An abbreviation denoting 1,000 cubic feet of gas. This is a measure of gas usage.
Natural Gas Utility Charges	Any charges from Your NGDC other than distribution prices for natural gas.
NGDC	Natural Gas Distribution Company.
Program	STATEWISE Energy Pennsylvania, Inc. natural gas supply and/or electric generation services to Your Service Address.
PUC	The Pennsylvania Public Utility Commission (PUC) is the state regulatory agency that provides oversight, policy guidance and direction to public utilities. The PUC licenses electric suppliers but does not otherwise oversee or regulate suppliers.
Start Date	The date Your NGDC and/or EDC accepts StateWise Energy Pennsylvania, Inc.'s request to enroll You in StateWise Energy Pennsylvania, Inc.'s Program. This date is before Your Supply Date and after the date You sign the Agreement Document.
Supply Date	The date that You start receiving Your natural gas supply and/or electric generation services from StateWise Energy Pennsylvania, Inc.
Therm	A measure of the heat content value of gas. Gas usage is determined by multiplying the Mcf used by the heat content value of the gas.
Transmission Charge for Electricity	The charge for moving high voltage electricity from a generation facility to the distribution lines of an electric distribution company. This charge is regulated by FERC.
Transmission Charge for Natural Gas	Part of the basic service charges on every customer’s bill for transporting electricity from the source of supply to the electric distribution company. The Federal Energy Regulatory Commission regulates retail transmission prices and services. This charge will vary with your source of supply.

To: StateWise and the local Natural Gas Distribution Company and Electric Distribution Company, for the service address (“Service Address”) on the Natural Gas and/or Electricity Agreements (“Agreement(s)). For purposes of the Agreement(s), You will be deemed a residential customer if You are a customer for residential purposes. You will be deemed a small commercial customer if You are a commercial customer that consumes less than 300 Mcfs of Natural Gas and/or Your Electricity peak load was less than 25 kW within the last twelve (12) months.

TERMS AND CONDITIONS

1. Agency. You hereby appoint StateWise as agent for the purposes of (i) acquiring the supplies necessary to meet Your Natural Gas supply and/or electric generation services needs, and (ii) arranging, ontracting for and administering transportation and related services over transmission facilities and those of the NGDC/EDC needed to deliver Natural Gas supply and/or electric generation services to Your Service Address. The Agreement(s) is for the sale and purchase of Natural Gas supply and/or electric generation services and is between StateWise and You, under which You shall initiate Natural Gas supply and/or electric generation services and begin enrollment with StateWise. Subject to the Terms and Conditions of the Agreement(s), StateWise agrees to sell and deliver, and You agree to purchase and accept the quantity of Natural Gas supply and/ or electric generation services, as estimated by StateWise, necessary to meet the requirements based upon consumption data obtained by StateWise or the delivery schedule of Your NGDC/EDC. The amount of Natural Gas supply and/ or electric generation services delivered under the Agreement(s) is subject to change based upon data reflecting Your consumption obtained by StateWise or the NGDC/EDC delivery schedule. You acknowledge that You are the Account Holder, or spouse of the Account Holder, over the age of eighteen (18) and authorized to make account decisions.

2. Purchase and Sale. The Agreement(s) is for the sale and purchase of Natural Gas and/or Electricity and is between StateWise and You, under which You shall initiate Natural Gas supply and/or electric generation services and commence enrollment with StateWise. The term for the Natural Gas supply and/or electric generation services Agreement(s) (“Term”) shall be as indicated on the first page of the Agreement(s) and shall include StateWise’s EcoWise Programs which consist of the EcoWise Electricity Program (“EcoWise Electricity”) and/ or EcoWise Gas Program (“EcoWise Gas”), as indicated on the first page of the Agreement(s). Subject to the Terms and Conditions of the Agreement(s), StateWise agrees to sell and deliver, and You agree to purchase and accept the quantity of Natural Gas and/or electric generation services, as estimated by StateWise. Such will be subject to changes necessary to meet the requirements which shall be based upon consumption data obtained by StateWise or the delivery schedule of Your NGDC/EDC. You acknowledge that You are the Account Holder, or spouse of the account holder, over the age of eighteen (18) and authorized to make account decisions. You will receive a letter from Your NGDC/ EDC informing You that You have chosen StateWise for Your Natural Gas and/ or Electricity supplier (“Supplier”). StateWise reserves the right to cancel this Agreement(s) if it is determined that You are currently under a Natural Gas and/ or Electricity Agreement(s) with another retail Natural Gas and/or certified electric generation services company.

3. Length of Agreement(s). You acknowledge that the commencement of the Agreement(s) begins on the date on which You have signed the Agreement(s) (“Start Date”) and StateWise has determined that Your credit standing is satisfactory (see Section 12). StateWise shall use reasonable efforts to commence service to You beginning on Your Start Date. You acknowledge, however, that the actual commencement of service under the Agreement(s) depends upon the date set by Your NGDC/EDC and will continue for the number of years as selected on the first page of the Agreement(s). You further acknowledge that the timing for the NGDC/EDC completion of the switching and enrollment processes (“Supply Date”) is beyond StateWise’s control, and StateWise makes no warranties as to Your Start Date or Supply Date. The meter reading date on which Your service commences may occur as early as three (3) business days after the Start Date. The End Date of the Agreement(s) is the meter reading date after the entire Term of the Agreement(s), as indicated on the first page of the Agreement(s), from the Supply Date, plus any time required to obtain a final meter read.

4. AGREEMENT(S) EXPIRATION/RENEWAL PROVISIONS/NOTICE OF CHANGE:

(A) ELECTRIC GENERATION SUPPLY – IF YOU HAVE A FIXED DURATION AGREEMENT WITH STATEWISE THAT IS APPROACHING THE EXPIRATION DATE, OR WHENEVER STATEWISE PROPOSES TO CHANGE THE TERMS OF SERVICE IN ANY TYPE OF AGREEMENT, YOU WILL RECEIVE TWO (2) SEPARATE WRITTEN NOTIFICATIONS THAT PRECEDE EITHER THE EXPIRATION DATE OR THE EFFECTIVE DATE OF THE PROPOSED CHANGES. THESE NOTIFICATIONS WILL EXPLAIN YOUR OPTIONS GOING FORWARD. STATEWISE WILL SEND YOU AN INITIAL NOTICE (“INITIAL NOTICE”) AT ABOUT FORTY-FIVE (45) TO SIXTY (60) DAYS PRIOR TO THE EXPIRATION DATE OF THE FIXED TERM AGREEMENT OR THE EFFECTIVE DATE OF THE PROPOSED CHANGE IN TERMS. IF YOU DO NOT CONTACT STATEWISE, STATEWISE WILL SEND YOU AN ADDITIONAL OPTIONS NOTICE (“OPTIONS NOTICE”) THIRTY (30) DAYS PRIOR TO THE EXPIRATION DATE OF YOUR FIXED TERM AGREEMENT. THESE NOTI- FICATIONS WILL EXPLAIN YOUR OPTIONS GOING FORWARD, AND YOU WILL NOT FACE CANCELLATION FEES FROM THE DATE THE OPTIONS NOTICE IS RECEIVED TO THE DATE YOUR FIXED DURA- TION ELECTRICITY AGREEMENT EXPIRES. IF STATEWISE IS BILLING YOU DIRECTLY FOR OUR SERVICES, THEN STATEWISE WILL PROVIDE THE NOTICES AS A BILL MESSAGE, A BILL INSERT, OR IN A SEPARATE CORRESPONDING MAILING. IF THE EDC IS BILLING STATEWISE’S CHARGES FOR US, THEN STATEWISE WILL PROVIDE THE NOTICES IN SEPARATE CORRESPONDING MAILINGS.
(B) NATURAL GAS SUPPLY – IF YOU HAVE A FIXED TERM AGREEMENT THAT IS APPROACHING THE EXPIRATION DATE, OR WHENEVER STATEWISE PROPOSES TO CHANGE THE TERMS OF SERVICE, YOU WILL RECEIVE TWO (2) SEPARATE WRITTEN NOTIFICATIONS, THE FIRSTAPPROXIMATELY SIXTY (60) TO SEVENTY-FIVE (75) DAYS IN ADVANCE AND THE SECOND FORTY-FIVE (45) DAYS IN ADVANCE OF EITHER THE EXPIRATION DATE OR THE EFFECTIVE DATE OF THE PROPOSED CHANGES. THESE NOTIFICATIONS WILL EXPLAIN YOUR OPTIONS GOING FORWARD. IF STATEWISE IS BILLING YOU DIRECTLY FOR OUR SERVICES, THEN STATEWISE WILL PROVIDE THE NOTICES AS A BILL MESSAGE, A BILL INSERT, OR IN A SEPARATE CORRESPONDING MAILING. IF THE NGDC IS BILLING STATEWISE’S CHARGES FOR US, THEN STATEWISE WILL PROVIDE THE NOTICES IN SEPARATE CORRESPONDING MAILINGS. STATEWISE WILL EXPLAIN YOUR OPTIONS TO YOU IN THESE TWO (2) ADVANCE NOTIFICATIONS. THE NOTIFICATIONS WILL INFORM YOU OF YOUR RIGHT TO RENEW, TERMINATE, OR RENEGOTIATE THE AGREEMENT(S). THE CURRENT AGREEMENT(S) BETWEEN YOU AND STATEWISE WILL BE PROVIDED TO YOU WHENEVER A MATERIAL CHANGE IS MADE, FREE OF CHARGE TO YOU. AS TO YOUR RIGHTS, IF YOU FIND THE MATERIAL CHANGE UNACCEPTABLE, YOU MAY CHOOSE ANOTHER SUPPLIER OR RETURN TO NGDC/EDC. EXAMPLES OF MATERIAL CHANGES INCLUDE A CHANGE TO THE PRICING STRUCTURE OR EXTENSION OF THE INITIAL TERM. IF YOU DO NOT RESPOND TO THE NOTIFICATIONS YOUR SERVICE WITH STATEWISE WILL CONTINUE UNDER THE TERMS AND CONDITIONS SENT WITH THE NOTIFICATIONS. ANY EARLY.

5. Pricing. StateWise sets the Natural Gas supply and/or electric generation services price ("Price") for the programs outlined on the front page of the Agreement(s) which are described below. The Electricity price includes applicable costs for delivery to the applicable Load Bus which includes, but is not limited to, transmission charges (where applicable) and applicable gross receipts tax, while excluding applicable state and local tax. The Natural Gas price includes applicable costs for transmission and delivery for gas delivered to Your LDC's city gate while excluding applicable state and local tax. In addition to the Price for the StateWise program selected, You will pay NGDC/EDC charges. Savings are not guaranteed on any of the plans offered on this Agreement (s).

Fixed Plan:

If You have selected the Fixed Plan, the Price You will pay to StateWise for the Natural Gas and/or electric generation services will be as outlined in Your Terms and Conditions, which may, if outlined on the front page of the Agreement(s), includes the cost of the StateWise EcoWise Programs (see Section 7 for details).

Daily Plan:

If You have selected the Daily Plan, the Price You will pay for Natural Gas and/or electric generation services outlined in Your Terms and Conditions, which includes the cost of the StateWise Green Programs (see Section 8 for details) and will be based on the number of days in the applicable billing period.

You are eligible for the Daily Plan if Your annual consumption does not exceed 1,500 therms for Natural Gas and/or 15,000 kWh for electric generation services. Savings are not guaranteed on any of the Plans offered on this Agreement(s).

(A) Multi-Dwelling Unit (“MDU”):

You are eligible for the MDU Daily Wise Plan, Your maximum allotted annual consumption is 1,000 therms/Ccf/ for Natural Gas and/or 10,000 kWh for electric generation services. Annual con- sumption above the maximum allotment, as determined at the time of enroll- ment, will be billed to You at the fixed overage price as outlined on the front page of the Agreement(s).

(B) Single Family Home:

You are eligible for the Single Family Home Daily Wise Plan if Your annual consumption does not exceed 1,500 therms for Natural Gas and/or 15,000 kWh for electric generation services. Savings are not guaranteed on any of the Plans offered on this Agreement(s).

Customer Charge:

You may be subject to a monthly customer charge in the amount of $7.41 per commodity. Where expressed as monthly amount, the monthly amount is based on a thirty (30) day month and may be prorated based on Your NGDU/EDC billing cycle.

6. Billing. The Price Plan selected, along with Your NGDC/EDC charges, will appear in a single bill prepared by Your NGDC/EDC. You further acknowledge that, at some point during the Term of the Agreement(s), StateWise may choose to bill You directly for all costs associated with the supply of Natural Gas and/or electric generation services, provided that You will not have to pay any additional fees or costs as a result of StateWise billing You directly above and beyond the fees and costs mentioned herein. In the event that StateWise bills the You directly, StateWise’s billing terms will be as follows: StateWise shall invoice You monthly for all amounts due to StateWise pursuant to the Agreement(s) for the applicable billing period. You shall pay to StateWise in full any amounts owing by the due date indicated on the invoice. If You fail to pay on time, You shall pay 1% interest per month (12% per annum) on the unpaid amount, from the due date of payment until payment is received in full. Past due balances or Your failure to make and meet payment arrangements will result in Your account being put into a collection process. This process may include transfer to a third-party collection agency and termination of Your Agreement(s) with a minimum of fourteen (14) days’ written notice. StateWise or Your NGDC/EDC is entitled to revise any bill if necessary to account for any reassessment by Your NGDC/EDC. Your NGDC/ EDC will determine the amount of Natural Gas and/or Electricity that is delivered to the Service Address(es) and may do so by periodic meter reading, estimation, or allocation and StateWise will be entitled to charge based on this information. You shall be responsible for all costs that relate to any failure to pay, including charges for dishonored checks, and any legal and collection costs. You have the right to request from StateWise twice within a twelve (12) month period, up to twenty-four (24) months of Your payment history without charge. If, due to a change in market conditions, StateWise wishes to lower the Price per therm/Ccf/ Mcf/kWh charged to You under an existing Agreement(s), it may do so without consent provided there are no other changes to the Terms and Conditions to the Agreement(s). StateWise does not offer budget billing or require deposits.

7. StateWise Energy’s EcoWise Programs. For the purposes of the Agreement(s), Eco means carbon emission reduction offsets or credits measured in metric tonnes of carbon dioxide gas or (in the case of methane or other greenhouse gases) carbon dioxide equivalent (“CO2e”) tonnes resulting from specific and identifiable actions. EcoWise Electricity: StateWise will purchase and retire, on Your behalf, an amount of verified carbon emissions reductions, instruments or allowances (“Emissions Credits”) to offset 100% (as selected on the first page of the Agreement(s)) of CO2 or CO2e produced based on Your Electricity usage. EcoWise Gas: StateWise will purchase and retire, on Your behalf, an amount of verified carbon emissions reductions, instruments or allowances (“Emissions Credits”) to offset 1.5 tonnes per 1,000 Ccf (as selected on the first page of the Agreement(s) of CO2 or CO2e produced based on Your Natural Gas usage. StateWise will ensure that all Emissions Credits associated with Your Natural Gas and/or Electricity usage will be retired on Your behalf and will not be used to offset any additional emissions or pollution. The Emissions Credits associated with the energy offsets purchased to offset Your Natural Gas and/or Electricity will remain the legal property of StateWise. At the end of the Term of the EcoWise Electricity Program and/or EcoWise Gas Program, StateWise or one of its affiliates, in partnership with American Forests, will plant a complimentary tree on Your behalf as part of a reforestation project. The location of the tree planting is determined by StateWise, and will not be on the customer’s property. StateWise may suspend the purchase of energy offsets at any time for any rea- son, at which time You will no longer be provided energy offsets, but the rest of the Agreement(s) will remain in effect. StateWise reserves the right, in its sole discretion, to change this program and the environmental initiatives it supports. You acknowledge that the Price for energy offsets is not regulated.

8. Title. All Natural Gas and/or Electricity supply sold under the Agreement(s) shall be delivered to a location considered the “Point of Delivery”, which shall be at the NGDC City Gate (located outside of the municipality where You reside) or EDC load bus, and shall constitute the point at which title transfers and the sale occurs. StateWise will indemnify and hold You harmless from all taxes, royalties, fees or other charges incurred before title passes with respect to the Natural Gas supply and/or Electricity provided in these Agreement(s).

9. Cancellation Provision. Regardless of the Price Plan selected, You are liable for all StateWise charges until You return to the NGDC/EDC’s default service or switch to another supplier. A final bill will be rendered after the final scheduled meter reading; however, if a final meter reading is unavailable, an estimate of consumption will be used in the final bill, which will be trued-up subsequent to the final meter reading. You may rescind the Agreement(s), at no cost, at any time before midnight of the third business day after receiving a copy of this Agreement Document by contacting StateWise. StateWise is not permitted to waive Your three (3) day right of rescission. If You receive Natural Gas and/or electric generation services under a small commercial, small industrial or small business rate classification, (and their maximum registered Natural Gas was less than 300 Mcfs and Electricity peak load was less than 25 kW within the last twelve [12] months), You may rescind the Agreement(s), at no cost, at any time before midnight of the third business day after receiving a copy of this Agreement document by contacting StateWise. The cancellation will become effective on a date determined by the NGDC/EDC. You also agree to notify StateWise in writing of any other change of information (including a change of account number, contact information or mailing address) at least sixty (60) days prior to such change taking effect or immediately if the change is to take effect in less than sixty (60) days. You agree that StateWise may terminate the Agreement(s) at any time by providing forty-five (45) days’ written notice if StateWise is unable or is prevented from complying with any of the obligations it owes to the NGDC/ EDC or if the NGDC/EDC is unable or is prevented from complying with any of the obligations it owes to StateWise may terminate the Agreement(s) if You are in default. To cancel/rescind the Agreement, You should contact StateWise by telephone or in writing at the contact information provided below in Section 17. If You move from Your current Service Address, the Agreement(s) will be deemed to be cancelled. See PA Code 54.5 (c)(7). StateWise may cancel the Agreement(s) by providing ninety (90) days and forty-five (45) days’ written notice to You. The cancellation will become effective on a date determined by the NGDC/EDC. Reasons for cancellation may include but are not limited to:

Non-Payment - If Your Natural Gas supply and/or electric generation services is cancelled by Your NGDC/EDC, then the Agreement(s) are cancelled on the date that Your Natural Gas and/or electric generation services is cancelled.

Net Meter Customers - StateWise may cancel the Electricity Agreement if StateWise is notified that You have a net meter.

Customer Move - When a customer moves from one location to another, and if the move is outside the NGDC’s service territory, the Agreement is cancelled, regardless of whether the customer provides notice or not. When a customer moves from one location to another, and if the move is outside an EDC’s service territory, the Agreement is cancelled, regardless of whether the customer provides notice or not.

Usage - StateWise reserves the right to decline the Agreement(s) if Your Natural Gas supply and/or electric generation services is determined by StateWise to be too low. This determination shall be at the sole discretion of StateWise

Material Breach - You have breached the Agreement(s) in any way.

Regulatory Changes - If, at some future date, there is a change in any law, rule, regulation or pricing structure whereby StateWise is prevented, prohibited, or frustrated from carrying out the Terms of the Agreement(s).

10. Early Termination Fee. (A) Natural Gas Supply – For a residential customer, an early termination fee of $7.50 on the EcoWise Program for each month or partial month remaining on the Agreement shall apply. For a small commercial customer, an early termination fee of $0.18 per therm/Ccf or $1.80 per Mcf, plus applicable sales tax (The Pennsylvania sales tax rate is 6 percent. By law, a 1 percent local tax is added to purchases made in Allegheny County, and 2 percent local tax is added to purchases made in Philadelphia. Rates are subject to change by the Pennsylvania Department of Revenue) for the estimated usage of Natural Gas supply for the remainder of the Agreement shall apply. A small commercial customer’s estimated usage of Natural Gas supply will be based on the last twelve (12) months of actual usage. Where twelve (12) months of actual usage is not available, StateWise will average the last twelve (12) months based on available usage. (B) Electric Generation Supply – For a residential customer, an early termination fee of $7.50 on the EcoWise Program for each month or partial month remaining on the Agreement shall apply. For a small commercial customer, an early termination fee $0.015 per kWh, plus applicable sales tax (The Pennsylvania sales tax rate is 6 percent. By law, a 1 percent local tax is added to purchases made in Allegheny County, and 2 percent local tax is added to purchases made in Philadelphia. Rates are subject to change by the Pennsylvania Department of Revenue.) for the estimated usage of electric generation services for the remainder of the Agreement(s) shall apply. A small commercial customer’s estimated usage of electric generation supply will be based on the last twelve (12) months of actual usage. Where twelve (12) months of actual usage is not avail- able, StateWise will average the last twelve (12) months based on available usage.

11. Assignment. You may not assign Your interests in or delegate Your obligations under this Agreement. StateWise may sell, transfer, pledge, or assign the accounts receivable, revenues, or proceeds hereof, in connection with any fi agreement, purchase of accounts receivables program or billing services agreement, and may assign the Agreement(s) and the rights and obligations thereunder, to another energy supplier, energy services company or other entity as authorized by the PUC, by providing You with thirty (30) days’ notice. If StateWise assigns Your Agreement(s), Your Terms and Conditions will remain unchanged. Prior to any assignment, StateWise will provide You, the NGDC/EDC, and PAPUC with notice. The notice will include the name and contact information of Your new supplier, as well as the estimated month and year the assignment would be expected to occur.

12. Information Release Authorization. You acknowledge and authorize StateWise to obtain and review information regarding Your credit history from credit reporting agencies and the following information from the NGDC/EDC: consumption history; billing determinants and NGDC/EDC account number. This information will not be disclosed to a third party unless required by law. Your execution of the Agreement(s) shall constitute authorization for the release of this information to StateWise. You may consent to providing StateWise with a copy of Your NGDC/EDC bill(s) in order to process the Agreement(s) with the NGDC/ EDC. StateWise does not guarantee to provide or return the bill or a copy of the bill to You upon Your request. This authorization will remain in effect during the initial Term and any renewal Term of the Agreement(s). You may rescind this authorization at any time by providing written notice thereof to StateWise or by calling StateWise’s Customer Care (see Section 17). StateWise reserves the right to cancel the Agreement(s) in the event You rescind the authorization.

13. Warranty. The Agreement(s) for Natural Gas supply and/or electric generation services, including applicable attachments, constitutes the entire Agreement(s) for the supply of Natural Gas supply and/or electric generation services between You and StateWise. StateWise makes no representations or warranties other than those expressly set forth in the Agreement(s) and StateWise expressly disclaims all other warranties, expressed or implied, including merchantability and fitness for a particular use.

14. Loyalty Program. Four (4) LED bulbs will be sent to the Service Address after You contract StateWise (see section 17) with the request. To be eligible, You must have received continuous, uninterrupted service from StateWise for a minimum of three (3) months from the Supply Date and be an active customer at the time of Your request. All LED bulbs offered under this Agreement will be covered by a lifetime warranty as long as You remain enrolled in any of our programs. Please contact StateWise (see Section 17) for any warranty inquiries.

15. Force Majeure. StateWise will make commercially reasonable efforts to provide Natural Gas supply and/or electric generation services hereunder but StateWise does not guarantee a continuous supply of Natural Gas supply and/ or electric generation services to You. Certain causes and events out of the control of StateWise (“Force Majeure Events”) may result in interruptions in service. StateWise will not be liable for any such interruptions caused by a Force Majeure Event, and is not and shall not be liable for damages caused by Force Majeure Events. Force Majeure Events shall include but are not limited to acts of God, fire, flood, storm, terrorism, war, civil disturbance, acts of any governmental authority, accidents, strikes, labor disputes or problems, required maintenance work, inability to access the necessary distribution or transmission system, non-performance by the NGDC/EDC (including, but not limited to, a facility outage on its Natural Gas supply and/or Electricity distribution lines), changes in laws, rules, or regulations of any governmental authority or any other cause beyond StateWise’s control.

16. Liability. To the fullest extent permitted by law, StateWise shall not be liable for: (i) any claims, loss, injury or damages, whether based in contract, tort, strict liability or otherwise, with the exception of claims, loss, injury or damages to the extent caused by StateWise’s negligence, gross negligence, recklessness or intentional wrongdoing; or (ii) any indirect, consequential or special damages of any kind, including, without limitation, lost profits, even if StateWise has been advised of the possibility of such damages, and whether based in contract, tort, strict liability or otherwise. There are no third-party beneficiaries to this Agreement(s).

17. Contact Information. You may contact StateWise’s Customer Care at 1-855-862-1185 Monday through Friday 9:00 a.m. - 7:00 p.m. EST (Customer Care hours subject to change; see http://statewiseenergy.com/contact/ for current hours). You may write to StateWise at: StateWise Energy Pennsylvania, Inc., P.O. Box 399, Buffalo, NY 14240-0967 or via email at [email protected]. StateWise’s fax number is 1-888-440-0698. The name and telephone number of Your NDGC/EDC and Supplier of Last Resort is: PECO 1-800-494-4000; PPL 1-800-342-5775; Metropolitan Edison 1-800-545-7741; Duquesne Light 1-412-393-7100; PennPower 1-800-720-3600; West Penn Power 1-800-686-0021; Penelec 1-800-545-7741; UGI 1-800-276- 2722; Peoples 1-800-764-0111; Columbia 1-888-460-4332; Philadelphia Gas Works (PGW) 1-215-235-1000; National Fuel Gas1-800-365-3234. The Utility Choice Hotline Number is 1-800-692-7380. Universal Service Programs: a) PECO: LIHEAP 1-800-344-3574; CAP, CARES, MEAF 1-800-774- 7040; LIURP 1-800-675-0222 b) PPL: LIHEAP 1-866-857-7095; CARES 1-800- 358-6623; WRAP 1-888-232-6302; Payment Assistance 1-800-358-6623 c) Metropolitan Edison, Pennsylvania Electric, WestPenn Power, and Penn Power: LIHEAP 1-866-857-7095; CAP 1-888-282-6816; CARES 1-800-774- 1674; Dollar Energy Fund 1-888-282-6816, WARM Program 1-800-207-9276 d) Duquesne Light: LIHEAP 1-866-857-7095; CAP, CARES 1-888-393-7600 e) UGI: LIHEAP, CAP, CARES, Operation Share Fuel Fund 1-800-844-9276 f) Columbia: LIHEAP 1-800-272-2714; CAP and CARES 1-800-537-7431 g) Peoples: LIHEAP, CAP, CARES, LIURP 1-800-400-9276 h) Philadelphia Gas Works: LIHEAP, CAP, CARES 1-215-235-1000 i) NFG: Assistance Referrals, Out of Work 1-800-365-3235. Information about shopping for a gas or electric supplier is available at www.PaGasSwitch.com, www. PaPowerSwitch.com, or other successor media platform as determined by the PUC by calling the PUC’s Telephone number at 1-800-692-7380, and the Office of Consumer Advocate at 1-800-684-6560, or at www.oca. state.pa.us. Pennsylvania Public Utility Commission: 400 North Street, Harrisburg, PA 17120 http://www.puc.pa.gov 1-800-692-7380.

18. Dispute Resolution. In the event of a question or concern about Your dispute or any other service term, please contact StateWise. You should contact StateWise by telephone or in writing at the contact information provided herein (see Section 17). The Parties agree to use their best efforts to resolve any dispute. If You are not satisfied after discussing Your terms with us, You may contact PUC at 1-800-692-7380.

19. Taxes and Laws. Except as otherwise provided in the Agreement(s) or provided by law, all taxes of whatsoever kind, nature, and description due and payable with respect to service provided under the Agreement(s), shall be paid by You, and You agree to indemnify StateWise and hold StateWise harmless from and against any and all such taxes. The Agreement(s) is subject to present and future legislation, orders, rules, regulations, or decisions of a duly constituted governmental authority having jurisdiction over the Agreement(s) or the services to be provided hereunder. If You are exempt of any taxes it is Your responsibility to contact Customer Care (see Section 17) to provide such written notification, including written notification of renewed tax exemption form. Otherwise, until You provide such proof, StateWise is not required to recognize any exemption or refund/credit previously paid taxes. Tax exemption will only occur on the next meter read bill after such notice is received and acknowledged.

20. Regulatory Changes. If, at some future date, there is a change in any law, rule, regulation or pricing structure whereby StateWise is prevented, prohibited, or frustrated from carrying out the Terms of the Agreement(s), StateWise, at its sole discretion shall have the right to cancel the Agreement(s). StateWise will provide advance notice to You if a change in Terms are offered.

21. ARBITRATION. THE PARTIES AGREE THAT, AT THE REQUEST OF EITHER PARTY, ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS AGREEMENT(S), INCLUDING ITS EXISTENCE, PERFORMANCE, INTERPRETATION, BREACH, VALIDITY, OR TERMINATION, AND WHICH ARE NOT OTHERWISE RESOLVED BY THE PARTIES SHALL BE SUBJECT TO AND FINALLY RESOLVED BY INDIVIDUAL ARBITRATION ONLY, EXCEPT THAT ANY DISPUTE OR CLAIM THAT MAY BE BROUGHT IN SMALL CLAIMS COURT OR ANY CLAIM THAT CANNOT BE ARBITRATED UNDER APPLICABLE LAW SHALL NOT BE SUBJECT TO ARBITRATION. ANY SUCH ARBITRATION SHALL BE THE PARTIES’ SOLE AND EXCLUSIVE REMEDY. BY AGREEING TO ARBITRATION, YOU UNDERSTAND THAT ANY SUCH DISPUTE WILL BE DECIDED BY A NEUTRAL THIRD PARTY OUTSIDE OF COURT AND THAT YOU AND STATEWISE ARE WAIVING YOUR RIGHTS TO SUE IN A COURT OF LAW AND TO HAVE A JURY TRIAL REGARDING SUCH DISPUTE. YOU AGREE THAT SUCH ARBITRATION PROVIDES YOU WITH A MEANINGFUL AND AFFORDABLE WAY TO HANDLE DISPUTES RELATED TO THIS AGREEMENT. The arbitration will be administered in accordance with the Rules of Arbitration of the state where the Service Address is located. The arbitrator(s) shall not have authority to join or com- bine the claims of more than one person or to hear or decide any class, collective or representative action of any kind against You or StateWise. The award of the arbitrator shall be final and binding and judgment on it may be entered in any court of competent jurisdiction. The arbitration shall take place in the county seat of the county in which You reside. You and StateWise shall each pay their own filing and legal fees and other expenses, unless provided otherwise by law or this Agreement. The interpretation and enforcement of this arbitration provision shall be governed by the Federal Arbitration Act. The arbitrator(s) selected according to the terms set forth herein shall deter- mine the arbitrability of any matter brought to them, and their decision shall be final and binding on the Parties in all respects. This provision shall survive termination of this Agreement.

22. CLASS ACTION WAIVER AND OTHER RESTRICTIONS. ARBITRATION SHALL PROCEED SOLELY ON AN INDIVIDUAL BASIS WITHOUT THE RIGHT FOR ANY CLAIMS TO BE ARBITRATED ON A CLASS ACTION BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF OTHERS. YOU AND STATEWISE EXPRESSLY WAIVE THE RIGHT TO COMMENCE, BE A PARTY TO, JOIN IN OR BE AN ACTUAL OR PUTATIVE CLASS MEMBER OF ANY CLASS, COLLECTIVE, GROUP, JOINT, OR REPRESENTATIVE ACTION OF ANY KIND IN ANY FORUM, INCLUDING IN COURT AND ARBITRATION, ARISING FROM OR RELATED TO THIS AGREEMENT. The arbitrator’s authority to resolve and make written awards is limited to Claims between You and STATEWISE alone. Claims may not be joined or consolidated unless agreed to in writing by all Parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named Party to the arbitration. Notwithstanding any other provision in these Terms and Conditions, and without waiving either party’s right of appeal, if any portion of this “Class Action Waiver and Other Restrictions” provision is deemed invalid or unenforceable, then the entire Arbitration Provision (other than this sentence) shall not apply. This provision shall survive termination of this Agreement.

23. WAIVER OF JURY TRIAL. SUBJECT TO ANY AGREEMENT TO ARBITRATE BETWEEN YOU AND STATEWISE, YOU AND STATEWISE WAIVE THE RIGHT TO A JURY TRIAL IN ANY CLAIM OR DISPUTE ARISING BETWEEN THE PARTIES ARISING FROM OR RELATED TO THIS AGREEMENT THAT PROCEEDS IN COURT, AND AGREE THAT THE CLAIM OR DISPUTE WILL BE HEARD AND DECIDED ONLY BY A JUDGE. This provision shall survive termination of this Agreement.

24. Delay or Failure to Exercise Rights. No partial performance, delay, or failure on the part of StateWise in exercising any rights under the Agreement(s), and no partial or single exercise thereof, shall constitute a waiver of such rights or of any other rights hereunder.

25. Parties Bound. The Agreement(s) is binding upon the Parties hereto and their respective successors and legal assigns.